Ce diaporama a bien été signalé.
Le téléchargement de votre SlideShare est en cours. ×

Public health laws child

Prochain SlideShare
Juvenile justice
Juvenile justice
Chargement dans…3

Consultez-les par la suite

1 sur 47 Publicité

Plus De Contenu Connexe

Diaporamas pour vous (20)

Similaire à Public health laws child (20)


Plus récents (20)

Public health laws child

  2. 2. INTRODUCTION  The core of public health depends on law and science.The law has to prohibit individual who create the situation for others suffering.  The public health actions are not intended to punish, but to improve and to monitor the health status in the community.
  3. 3. • Law :-The principles and regulations established in a community by some authority and applicable to its people, whether in the form of legal powers or of customs and policies recognized and enforced by judicial decision. • Legislation:-Process or act of making law by the legislative body or governing body in country. • Bill:- Draft statute which becomes law after it is passed by both the Houses of Parliament and assented to by the President. All legislative proposals are brought before Parliament in the
  4. 4.  Act :-A law adopted (enacted) by a national or state legislative or other governing body.  Rules :-Are explicit statements that tell an employee what he or she ought or ought not to do.
  5. 5. CHILD RELATED LAWS 1) The Preconception Prenatal Diagnostic Techniques (Prohibition of sex selection) Act,1994. 2) The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act 1992 3) The Child Labor (Prohibition and Regulation) Act 1986 4) The Juvenile Justice (Care and Protection of children)Act 2000 5) The Prohibition of Child Marriage Act 2006 6) The Children Act , 1960 7) The Protection of Children from Sexual Offences Act 2012
  6. 6. The Preconception And Prenatal Diagnostic Techniques (Prohibition Of Sex Selection) Act,1994  Aim :-Prohibition of sex selection, before or after conception. Regulation of the use of prenatal diagnostic techniques  Provisions :-No genetic counselling centre, genetic clinic or medical geneticist, gynaecologist or registered medical practitioner shall conduct such test unless specified by the Central Supervisory Board at a place other than a place registered under the Act.
  7. 7. In following conditions these test can be conducted in a pregnant woman :- • Age above 35 years; • Undergone two or more spontaneous abortions or fetal loss; • Exposed to potentially teratogenic agents Family history of mental retardation or physical deformities such as spasticity or any other genetic diseases; and any other disease specified by the Central Supervisory Board.
  8. 8.  No test will be conducted on the willingness of husband or without written informed consent of the woman.  Even any advertisement or publication on these facilities is an offense.  No person shall sell ultrasound or any other machine or equipment capable of detecting sex of the fetus to any person or centre that is not registered under the act.
  9. 9. First Offence Subsequent Offence Service Provider Imprisonment (3yrs) penalty Rs 10,000 Registration cancelled for 5yrs Imprisonment (5yrs.); penalty (Rs.50000); registration cancelled (permanently.) Service Seeker Imprisonment(3yr s); penalty Rs 50,000 Imprisonment (5 yrs.); penalty (Rs. 100000); Advertiser Imprisonment (3yrs) penalty (Rs Lifelong Imprisonment
  10. 10. The Infant Milk Substitutes, Feeding Bottles And Infant Foods (Regulation Of Production, Supply &Distribution) Act, 1992  Aim :- protection and promotion of breast feeding and ensuring the proper use of Infant Foods.  Provisions :- No person shall  advertise,  take part in promotion of use or sale, supply of or donate or distribute infant milk substitutes or feeding bottles, or  give an impression or create a belief in any manner that feeding of infant milk substitutes is equivalent to or better than mother's milk.
  11. 11. IMS ACT,1992  Container of infant foods and milk substitutes must affix label clearly written in local language that "Mother's milk is best for your baby" "Should be used only on the advice of a health worker and "a warning sign if used replacing mother's milk".  No picture of baby or mother shall be depicted on the containers.  Beside this all about manufacturing date, batch number, expiry date, compositions, etc.
  12. 12. The IMS ACT,1992  All educational material whether audio, or visual shall contain the content of benefits and superiority of breast feeding.  No person other than health workers or institutions will demonstrate the need and feeding of milk substitute.  Food inspector working under Prevention of Food Adulteration Act or any authorised person shall be responsible for inspection or seizing activities if he/she finds that there is violation of this Act.
  13. 13. Penalty Imprisonme nt Fine Violation of act by any person Upto 3 years, or Upto 5000 Rs. or with both Label on container or quality of infant milk substitute, feeding bottle and infant food 6 month- 3 years and at least Rs.2000.
  14. 14. The Child Labor (Prohibition and Regulation) Act 1986  The Act came in force from 23rd December, 1986.  Child labour is the practice of having children engage in economic activity, on part or full-time basis. The practice deprives children of their childhood, and is harmful to their physical and mental development.
  15. 15.  Poverty, lack of good schools and growth of informal economy are considered as the important causes of child labour in India.  Objective: To prohibit the engagement of children in certain employment’s. To regulate the condition of work of children in certain other employment’s.
  16. 16. This is how child labour affects the nation-
  17. 17. Main features of this act are-  No child shall be required or permitted to work in any establishment in excess of such number of hours as may be prescribed for such establishment.  No period shall exceed 3 hours before he has had an interval for rest for at least 1 hour.  The period of work of a child shall be so arranged that inclusive of his interval for rest, under sub- section, it shall not be spread over more than six hours, including the time spent in waiting for work on any day.
  18. 18.  No child shall be required or permitted to work overtime.  Every child employed in an establishment shall be allowed in each week, a holiday of one whole day.  Children are not permitted to work in occupations concerned with passengers and goods mail transport by railway, carpet weaving, cement manufacturing, cleaning ash pits, and building construction operation, cloth printing, dyeing, explosives and fireworks, beedi making, wool
  19. 19. Penalty  Whoever employs any child in contravention of this act shall be punished with imprisonment for a term which shall not be less than 3 months but which may extend to 1 year OR  Fine which shall not be less than Rs 10,000 but which may extend to Rs 20,000 or with both.  Whoever fails to giver notice to Inspector; Fails to maintain register or makes entries; Fails to display notice Fails to comply with or contravenes any other provisions of this Act or rules, Shall be punished with simple imprisonment which may extend to 1 month or with fine which may
  20. 20. The Juvenile Justice (Care and Protection of children) Act 2000  State primary responsibility of ensuring that all the needs of children are met and that their basic human rights are fully protected  The Convention on the Right of child lays down four sets of rights:-  The Right to Survival  The Right to Protection  The Right to Development  The Right to Participation
  21. 21. Features of this act-  Primary law for children in India.  It defines a juvenile/child as a person below the age of 18 years.  Rehabilitation and social reintegration are the primary aims of the Act.  To create a separate system of justice – dispensation .  Distinct from criminal justice system for adults.  Effective involvement of informal social arrangements – family, community.  Child friendly juvenile justice system .
  22. 22.  This Act places children/juveniles in two categories : 1. Juvenile in ‘conflict with the law’ handled by State Governments/ ‘Juvenile Boards’ 2. Child in need of ‘care and protection’ to be looked after by State Governments/ ‘Child Welfare Committees’  An Act to consolidate and amend the law relating to juveniles in conflict with law Protection and treatment Child-friendly approach.
  23. 23.  JUVENILE JUSTICE BOARD : Appointed by the State Government. Panel of - 1. Metropolitan Magistrate or Judicial Magistrate of the first class. 2. Two social workers of whom at least one shall be a women.  Magistrate to have special knowledge or training in child psychology or child  Inquiry to be completed within 4 months
  24. 24. Order that may be passed regarding juvenile.-  Counsel parents/ guardian;  Advise the child: by group counselling and similar activities  Payment of fine, (>14 yrs age)  Release on probation of good conduct, and place under care of parent/ guardian or other fit person or fit institution.  Direct the juvenile to be sent to a
  25. 25. Order that may not be passed against juvenile:  Juvenile Cannot be sentenced to death/life imprisonment/committed to prison.  Cannot be charged with/tried for offence with an adult.  Prohibition of publication of name, etc., of juvenile involved in any proceeding.
  26. 26. The Prohibition of Child Marriage Act 2006 Prevalence of child marriage (below 18 years) in India is 47% , However it is high as 75% in Nigar,72% in China, 41% in Nepal and all are developing and low income countries. Child marriage is associated with high maternal and child mortality, malnutrition, anemia, poor growth of the baby. An act to provide for the prohibition of solemnization of child marriages has been enacted. The child Marriage Restraint Act 1929 is hereby
  27. 27. The duty of the Child Marriage Prohibition Officer mainly is ..  To prevent solemnization of child marriages by taking such action as he may deem fit  To collect evidence for the effective prosecution of persons contravening the provisions of this act  To advise either individual cases or counsel the residents of the locality general not to indulge in promoting,helping,aiding or allowing the solemnization of child marriages
  28. 28.  To create awareness of the evil which results from child marriages  To sensitize the community on the issue of child marriages  To furnish such periodical returns and statistics as the state government may direct  To discharge such other functions and duties as may be assigned to him by the state government
  29. 29. The Children Act , 1960  A child is a young human being below the age of 14 years. The Children Act was passed by the Indian parliament in December 1960 to provide for the care , protection , maintenance , welfare , training , education and rehabilitation of neglected or delinquent children and for the trial of delinquent children in union territories. This act may be regarded as a model piece of legislation for the whole country.
  30. 30. The act provides for two agencies viz. the child welfare board to deal with neglected children and the children's court for delinquent children , in fact the composition and functions of both these agencies are the same as that of the juvenile court in other parts of the world. The aforesaid board and the court comprise a chairman and other members. The members must posses special knowledge of Child psychology. No other magistrate shall try the cases of neglected and delinquent children but shall transfer the same to the above authorities.
  31. 31. The legal procedures as prescribed in this act are :  A Board or Court should sit in a building or room different from the usual court or on different days and time .  The proceedings will be attended by competent authority, parties to the inquiry, the parent or guardian of the child or such other persons as the court may permit.  The court may remove any person from attending the proceedings including police officers, legal practitioners, the guardin and the child himself.
  32. 32.  The court has the power to send a child to a relative or a fit person, living outside the jurisdiction of the court.  All reports during the course of the inquiry shall be deemed as confidential.  The Board or the Court has the power to amend any order as to the institution to which a child is to be sent and the person under whose care or supervision a child is to be placed.
  33. 33. The Children Act 1960 provides for the following correctional institutions for the children :  Observation Homes are centers for the reception of children during the pendency of inquiry , Under this the children will have all facilities of accomodation , maintainence and facilities for education.  Children's Homes are meant for the reception of neglected children only , where accomodation,maintainence and facilities for education and development of character and training for protection against moral danger and
  34. 34.  Special Schools are for delinquent children only , where these schools give all things what children's home gives plus necessary training to the child leading to his reformation is given.  After Care Organisation is meant for the care of the child on release from a children's home or special schools with a view to enabling him/her to lead an honest,industrious and useful life.
  35. 35. The Protection of Children from Sexual Offences Act 2012 (POCSO Act)  This act has been drafted to strengthen the legal provisions for the protection of children from sexual abuse and exploitation.  Sexual offences are currently covered under different sections of IPC.The IPC does not provide for all types of sexual offences against children and more importantly does not distinguish between adult and child victims.  This act defines a child as any person below the age of 18 years and provides protection to all children under the age of 18 years from the offences of sexual assault, sexual harassment and pornography.
  36. 36. Punishments for offences covered in the Act are :  Penetrative sexual assault (Sec 3)-not less than 7 years which may extend to imprisonment for life and fine (Sec 4).  Aggravated penetrative sexual assault (Sec 5)-not less than 10 years which may extend to imprisonment for life and fine (Sec 6).  Sexual assault (Sec 7)-not less than 3 years which may extend to 5 years and fine (Sec 8).
  37. 37.  Aggravated sexual assault (Sec 9)-not less than 5 years which may extend to 7 years and fine (Sec10)  Sexual harassment of the child (Sec 11)-3 years and fine (Sec 12)  Use of child for pornographic purposes (Sec 13)-5 years and fine and in the event of subsequent conviction, 7 years and fine (Sec14 (1) ).
  38. 38. for reporting, recoding of evidence, investigation and trial of offences . These mainly includes :  Recording the statement of the child at the residence of the child or at the place of his choice, preferably by a women police officer not below the rank of sub inspector.  No child to be detained in the police station in the night for any reason  Police officer to not be in uniform while recording the statement of the child.  The statement of the child to be recorded as spoken by the child  Assistance of an interpreter or translator or an
  39. 39. Problems with Public health laws  Lack of awareness  Social aspects  Implementation problem  Improper reporting  Long time is taken in prosecution  Practical problem :- Like in case of PC & PNDT Act, it is difficult to get proof for determination of sex because only mother and person performing the techniques knows if sex determination has been done and none
  40. 40.  Widespread corruption  Problems of antiquity, inconsistency, redundancy, and ambiguity rendering these laws ineffective, or even counter productive, in advancing the population’s health.  Complex language of Acts
  41. 41. SUGGESTED APPROCHES  An approach to rectify these problems in public health law should reform laws so that they confirm with modern scientific and legal standards and more uniformly addressed different health threats.  In this regard, it is desirable to develop a public health law programme designed to improve the scientific understanding of the interaction between law and public health and to strengthen the legal foundation for public health practice.
  42. 42. REFERENCES  Park’s Textbook of Preventive and Social Medicine (25th Edition)  Kishore J. National Health Programs of India. National Policies and legislations Related to Health. 12th edition. New Delhi.  Govt. of India. The infant milk substitutes, feeding bottles and infant food (Regulation of Production, Supply & Distribution) Act 1992 (No. 41 of 1992).  The pre-natal diagnostic techniques (Regulation and prevention of misuse) act, 1994 (57 OF 1994) Amendment act, 2002 (No.14 of 2003)